Co-owner Dispute Over Underground Garage Construction in Common Green Space

The appeal concerned the construction of an underground parking garage on a jointly owned property designated as common green space, where the majority of co-owners approved the plan, but one objected, arguing it required unanimity because it constituted a change in the property's designated purpose under Article 648(2) of the Civil Code. The court reasoned that building the underground garage did not constitute a change in the fundamental purpose of the property—which served as a common courtyard and infrastructure area—but rather improved its existing utility by enhancing residential quality and value, thus classifying it as a "useful structural measure" under Article 647d of the Civil Code, which only requires a majority vote, and affirmed the lower court's decision allowing the construction.